760. Adulteration   and misbranding of  butter.     U.   S.   v.   9  Cartons   of  Butter.
Consent   decree   of   condemnation   and   forfeiture.     Product   released   to 
claimant for reworking.    (F. D.C. No. 2168.    Sample Nos. 33247-E, 33251-E.)
On May 29, 1940, the United States attorney for the Southern District of New 
York filed a libel against 9 cartons, each containing 60 pounds, of butter at New 
York, N. Y., alleging that the article had been shipped in interstate commerce 
on or about May 18, 1940, by the Glen Ullin Creamery from Glen Ullin, N. Dak.; 
and charging that it was adulterated and misbranded. It was labeled in part: 
"Distributed by Trelease & Underhill."
The article was alleged to be adulterated in that a product containing less 
than 80 percent by weight of milk fat had been substituted for butter. It was 
alleged to be misbranded in that the statement "Butter," borne on the label, 
was false and misleading when applied to a product containing less than 80 
percent by weight of milk fat.
On June 8, 1940, Emil Harter, trading as Glen Ullin Creamery, having ad- 
mitted the allegations of the libel, judgment of condemnation was entered, and 
it was ordered that the product be released to the claimant under bond con- 
ditioned that it be reworked so that it contain at least 80 percent of milk fat.